Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16650 of 2019 Petitioner :- Smt. Pooja Kathuria Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivam Yadav,Akhilesh Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Shivam Yadav, learned counsel for the petitioner, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 1.3.2019, registered as Case Crime No.244 of 2019, u/s 288, 420 IPC and 3/4 Prevention of Damage of Public Property Act, 1984, P.S. Bisrakh, district Gautam Budh Nagar.
Learned counsel for the petitioner submits that the impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioner. The Investigating Officer without collecting any credible evidence is unnecessarily harassing and threatening the petitioner to arrest in the alleged occurrence. The allegations levelled against the petitioner are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Gaurav